1242 Conrad Constructionia�z
CITY OF SANFORD AGREEMENT FOR SERVICES
THIS AGREEMENT made and entered into the day of L e Ic , by and
between the City of Sanford, Florida, whose address is 300 North Park Avenue; Sanford,
Florida 32771, a municipal corporation of the State of Florida, holding tax exempt status,
hereinafter referred to as the "CITY" and Conrad Construction of Central Florida, Inc. a Florida
Corporation authorized to do business in the State of Florida, whose principal and local address
is 511 Central Park Drive, Sanford, FI 32771 hereinafter referred to as the "CONTRACTOR ".
The CITY and the CONTRACTOR are collectively referred to herein as the Parties.
WITNESSETH:
WHEREAS, the CITY desires to retain the CONTRACTOR for services associated with
sealed bid IFB 07/08 -01 City Hall Renovations as adjusted by negotiations and described by
Exhibits: 1 Negotiated New Scope "Estimated Cost of Sanford City Hall Improvements," 2
Revised Bid Per Negotiations, 3 Floor Plan, 4 Floor Covering and Paint, and 5 Electrical.
WHEREAS, the CITY desires to retain the CONTRACTOR to provide construction
services, as subsequently specifically set out in Work Orders /Purchase Orders to be issued
under this Agreement; and
WHEREAS, the CITY desires to employ the CONTRACTOR for the performance
necessary to support the activities, programs and projects of the CITY upon the terms and
conditions hereinafter set forth, and the CONTRACTOR is desirous of performing and providing
such services upon said terms and conditions; and
WHEREAS, the CONTRACTOR hereby warrants and represents to the CITY that it is
competent and otherwise able to provide professional and high quality services to the CITY; and
WHEREAS, the CITY desires to retain the CONTRACTOR to provide all labor and
services in accordance with, but not limited to, the guidelines in the Scope of Work; and
WHEREAS, the CITY desires to use the expertise and knowledge of the
CONTRACTOR; and
NOW, THEREFORE, in consideration of the mutual covenants and agreements
hereinafter contained and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, it is agreed by and between the parties hereto as follows:
SECTION 1: GENERAL PROVISIONS.
(a) The term "CONTRACTOR" as used
as that person or entity, including employees,
assignees providing services under this Agreement.
in this Agreement is hereby defined herein
servants, partners, principals, agents and
(b) The CONTRACTOR acknowledges that the CITY may retain other service
providers to provide the same services for CITY projects. The CONTRACTOR acknowledges
that the CITY, at the CITY's option, may request proposals from the CONTRACTOR and the
f
,
M
0
co
0
c>
Page 1 of 20
other service providers for CITY projects. The CITY reserves the right to select which services
provider shall provide services for the CITY's projects.
(c) The CONTRACTOR agrees to provide and ensure coordination between
services providers.
(d) The recitals herein are true and correct and form and constitute a material part of
this Agreement upon which the parties have relied.
(e) Each party hereto represents to the other that it has undertaken all necessary
actions to execute this Agreement, and that it has the legal authority to enter into this
Agreement and to undertake all obligations imposed on it. The person(s) executing this
Agreement for the CONTRACTOR certify that he /she /they is /are authorized to bind the
CONTRACTOR fully to the terms of this Agreement.
(f) Time is of the essence of the lawful performance of the duties and obligations
contained in this Agreement to include, but not be limited to, each Work Order. The parties
covenant and agree that they shall diligently and expeditiously pursue their respective
obligations set forth in this Agreement and each Work Order.
(g) When the term "law" is used herein, said phrase shall include statutes, codes,
rule and regulations of whatsoever type or nature enacted or adopted by a governmental entity
of competent jurisdiction.
(h) It is agreed that nothing herein contained is intended or should be construed as
in any manner creating or establishing a relationship of co- partners between the parties, or as
constituting the CONTRACTOR (including, but not limited to, its officers, employees, and
agents) the agent, representative, or employee of the CITY for any purpose, or in any manner,
whatsoever. The CONTRACTOR is to be and shall remain forever an independent
CONTRACTOR with respect to all services performed under this Agreement.
(i) Persons employed by the CONTRACTOR in the provision and performance of
the services and functions pursuant to this Agreement shall have no claim to pension, workers'
compensation, unemployment compensation, civil service or other employee rights or privileges
granted to the CITY's officers and employees either by operation of law or by the CITY.
(j) No claim for services furnished by the CONTRACTOR not specifically provided
for herein or in a Work Order shall be honored by the CITY.
SECTION 2: SCOPE OF SERVICES.
(a) The CONTRACTOR shall safely, diligently and in a professional and timely
manner perform, with its own equipment and assets, and provide services included in each
subsequently entered Work Order /Purchase Order. Unless modified in writing by the parties
hereto, the duties of the CONTRACTOR shall not be construed to exceed the provision of the
services pertaining to this Agreement.
SECTION 3: WORK ORDERS.
Page 2 of 20
(a) The provision of services to be performed under the provisions of this Agreement
shall be commenced as set forth in the CITY's bid /procurement documents upon the execution
of this Agreement and a Work Order issued on a form provided by the CITY hereunder
commencing the provision of services. Additional services to be performed by the
CONTRACTOR to the CITY, shall be authorized in written Work Orders issued by the CITY on a
form provided by the CITY. Work Orders executed by the CITY shall include a detailed
description of services and a completion schedule. The CONTRACTOR shall review Work
Orders and notify the CITY in writing of asserted inadequacies for the City's correction, if
warranted.
(b) If the services required to be performed are clearly defined, the Work Order shall
be issued on a "Fixed Fee" basis. The CONTRACTOR shall perform all services required by
the Work Order but, in no event, shall the CONTRACTOR be paid more than the negotiated
Fixed Fee amount stated therein. For Work Orders issued on a "Fixed Fee Basis ", the
CONTRACTOR may invoice the amount due based on the percentage of total Work Order
services actually performed and completed; but, in no event, shall the invoice amount exceed a
percentage of the Fixed Fee amount equal to a percentage of the total services actually
completed.
(c) If the services are not clearly defined, the Work Order may be issued on a "Time
Basis Method" and may contain a Not -to- Exceed amount. If a Not -to- Exceed amount is
provided, the CONTRACTOR shall perform all work required by the Work Order; but in no
event, shall the CONTRACTOR be paid more than the Not -to- Exceed amount specified in the
applicable Work Order. The CONTRACTOR shall advise the CITY whenever the
CONTRACTOR has incurred expenses on any Work Order that equals or exceeds eighty
percent (80 %) of the Not -to- Exceed amount. For Work Orders issued on a "Time Basis Method"
with a Not -to- Exceed amount, the CONTRACTOR may invoice the amount due for actual work
hours performed but, in no event, shall the invoice amount exceed a percentage of the Not -to-
Exceed amount equal to a percentage of the total services actually completed.
(d) Each Work Order issued on a "Fixed Fee Basis" or "Time Basis Method" with a
Not -to- Exceed amount shall be treated separately for retainage purposes which shall be
prescribed on the face of the Work Order, but, if not prescribed, shall be ten percent (10 %). If
the CITY determines that work is substantially complete and the amount retained is considered
to be in excess, the CITY may, at its sole and absolute discretion, release the retainage or any
portion thereof.
(e) Payments shall be made by the CITY to the CONTRACTOR when requested as
work progresses for services furnished, but not more than once monthly. Each Work Order
shall be invoiced separately and be accompanied by a Progress Status Report as set forth and
described in Exhibit B to this Agreement. The CONTRACTOR shall render to the CITY, at the
close of each calendar month, an itemized invoice properly dated, describing any services
rendered, the cost of the services, the name and address of the CONTRACTOR, Work Order
Number, Contract Number, Exhibit B as required and all other information required by this
Agreement.
SECTION 4: CONTRACTOR UNDERSTANDING OF SERVICES REQUIRED.
Execution of this Agreement by the CONTRACTOR is a representation that the CONTRACTOR
is familiar with the services to be provided and /or performed and with local conditions. The
Page 3 of 20
CONTRACTOR shall make no claim for additional time or money based upon its failure to
comply with this Agreement. The CONTRACTOR has informed the CITY, and hereby
represents to the CITY, that it is well acquainted with performing and providing the services
described in this Agreement and to be identified Work Orders and that it is well acquainted with
the work conditions and the components that are properly and customarily included within such
projects and the requirements of laws, ordinance, rules, regulations or orders of any public
authority or licensing entity having jurisdiction over the CITY's Projects. Execution of a Work
Order shall be an affirmative and irrefutable representation by the CONTRACTOR to the CITY
that the CONTRACTOR is fully familiar with any and all requisite work conditions of the
provisions of the services.
SECTION 5: CHANGE ORDERS.
(a) The CITY may revise the scope of services set forth in any particular Work
Order.
(b) Revisions to any Work Order shall be authorized in writing by the CITY as a
Change Order. Each Change Order shall include a schedule of completion for the services
authorized. Change Orders shall identify this Agreement and the appropriate Work Order
number. Change Orders may contain additional instructions or provisions specific upon certain
aspects of this Agreement pertinent to the services to be provided. Such supplemental
instructions or provisions shall not be construed as a modification of this Agreement. An
Agreement between the parties on and execution of any Change Order shall constitute a final
settlement and a full accord and satisfaction of all matters relating to the change and to the
impact of the change on unchanged work, including all direct and indirect costs of whatever
nature, and all adjustments to the CONTRACTOR's schedule.
SECTION 6: CONTRACTOR RESPONSIBILITIES.
(a) The CONTRACTOR shall be responsible for the professional quality, accepted
standards, technical accuracy, neatness of appearance of employees, employee conduct,
safety, and the coordination of all services furnished by the CONTRACTOR under this
Agreement as well as the conduct of its staff, personnel, employees and agents. All
CONTRACTOR employees shall at all times when performing work wear identification badges
which, at a minimum, provides the name of the employee and the CONTRACTOR.
(b) The CONTRACTOR shall provide to the CITY a list of employees working on the
project. The CONTRACTOR shall provide to the CITY a list of employee working days, times
and assignments within forty -eight (48) hours of the CITY's written request for such information.
This information, when requested by the CITY, shall be provided to the CITY prior to the
employees of the CONTRACTOR entering the CITY's premises.
(c) The CONTRACTOR shall comply with Section 2 -67 of the Sanford City Code as
it relates to security screenings of private contractors and employees of private contractors.
The CONTRACTOR shall cause each person found by the City Commission to be functioning in
a position critical to the security and /or public safety of the CITY by reason of access to any
publicly owned or operated facility to undergo the following inquiries and procedures conducted
by the City of Sanford:
(i) Fingerprinting in accordance with the CITY's pre - employment procedures,
Page 4 of 20
(ii) Submission of the fingerprints to the Florida Department of Law
Enforcement for state criminal history evaluation, and
(iii) Submission of the fingerprints to the Federal Bureau of Investigation for a
national criminal history evaluation.
Such confidential information shall be used by the CITY to determine a person's eligibility to
function in such critical employment position(s) as described. Additionally, the CITY may
request and the CONTRACTOR shall provide the name, address and social security number
and licenses (driver's, commercial drivers license or CDL, or other operator's license) for
employees of the CONTRACTOR that may work on the CITY's premises in positions found by
the City Commission to be critical to the security and /or public safety of the CITY by reason of
access to any publicly owned or operated facility. The CONTRACTOR shall release such
information upon approval of the employees. If an employee refuses to authorize the release of
their address, social security number and /or licenses they shall not be allowed to work or
continue to work in such critical positions.
(d) The CONTRACTOR shall work closely with the CITY on all aspects of the
provision of the services. The CONTRACTOR shall be responsible for the professional quality,
technical accuracy, competence, methodology, accuracy and the coordination of all of the
following which are listed for illustration purposes only and not as a limitation: documents,
analysis, reports, data, plans, plats, maps, surveys, specifications, and any and all other
services of whatever type or nature furnished by the CONTRACTOR under this Agreement.
The CONTRACTOR shall, without additional compensation, correct or revise any errors or
deficiencies in his /her /its plans, analysis, data, reports, designs, drawings, specifications, and
any and all other services of whatever type or nature. The CONTRACTOR's submissions in
response to the subject bid or procurement processes are incorporated herein by this reference
thereto.
(e) Neither the CITY's review, approval or acceptance of, nor payment for, any of the
services required shall be construed to operate as a waiver of any rights under this Agreement
or of any cause of action arising out of the performance of this Agreement and the
CONTRACTOR shall be and remain liable to the CITY in accordance with applicable law for all
damages to the CITY caused by the CONTRACTOR's negligent or improper performance or
failure to perform any of the services furnished under this Agreement.
(f) The rights and remedies of the CITY, provided for under this Agreement, are in
addition to any other rights and remedies provided by law.
(g) Time is of the essence in the performance of all services provided by the
CONTRACTOR under the terms of this Agreement and each and every Work Order.
(h) The CONTRACTOR shall cooperate with the CITY in the implementation of the
CITY's tax recovery program and, to that end, the CITY may make purchases directly under its
purchase order processes relative to various materials, supplies and equipment that may be
part of the services provided under this Agreement. The CONTRACTOR hereby recognizes the
right of the CITY to engage in tax recovery/savings through direct purchases.
SECTION 7: CITY RIGHTS AND RESPONSIBILITIES.
Page 5 of 20
(a) The CITY shall reasonably cooperate with the CONTRACTOR in a timely fashion
at no cost to the CONTRACTOR as set forth in this Section.
(b) The CITY shall furnish a CITY representative, as appointed by the designated
representative to administer, review and coordinate the provision of services under Work
Orders.
(c) The CITY shall make CITY personnel available where, in the CITY's opinion,
they are required and necessary to assist the CONTRACTOR. The availability and necessity of
said personnel to assist the CONTRACTOR shall be determined solely at the discretion of the
CITY.
(d) The CITY shall examine all of the CONTRACTOR's services and indicate the
CITY's approval or disapproval within a reasonable time so as not to materially delay the
provisions of the services of the CONTRACTOR.
(e) The CITY shall transmit instructions, relevant information, and provide
interpretation and definition of CITY policies and decisions with respect to any and all services
covered by this Agreement.
(f) The CITY shall give written notice to the CONTRACTOR whenever the CITY's
designated representative knows of a development that affects the services provided and
performed under this Agreement, timing of the CONTRACTOR's provision of services, or a
defect or change necessary in the services of the CONTRACTOR.
(g) The rights and remedies of the CITY provided for under this Agreement are in
addition to any other rights and remedies provided by law. The CITY may assert its right of
recovery by any appropriate means including, but not limited to, set -off, suit, withholding,
recoupment, or counterclaim, either during or after performance of this Agreement as well as
the adjustment of payments made to the CONTRACTOR based upon the quality of work of the
CONTRACTOR.
(h) The CITY shall be entitled to recover any and all legal costs including, but not
limited to, attorney fees and other legal costs that it may incur in any legal actions it may pursue
in the enforcement of the terms and conditions of this Agreement or the responsibilities of the
CONTRACTOR in carrying out the duties and responsibilities deriving from this Agreement.
(i) The failure of the CITY to insist in any instance upon the strict performance of
any provision of this Agreement, or to exercise any right or privilege granted to the CITY
hereunder shall not constitute or be construed as a waiver of any such provision or right and the
same shall continue in force.
0) Neither the CITY's review, approval or acceptance of, nor payment for, any of the
services required shall be construed to operate as a waiver of any rights under this Agreement
nor or any cause of action arising out of the performance of this Agreement and the
CONTRACTOR shall be and always remain liable to the CITY in accordance with applicable law
for any and all damages to the CITY or the public caused by the CONTRACTOR's negligent or
wrongful provision or performance of any of the services furnished under this Agreement.
Page 6 of 20
(k) All deliverable analysis, reference data, survey data, plans and reports or any
other form of written instrument or document that may result from the CONTRACTOR's services
or have been created during the course of the CONTRACTOR's performance under this
Agreement shall become the property of the CITY after final payment is made to the
CONTRACTOR.
SECTION 8: COMPENSATION.
(a) Compensation to the CONTRACTOR shall be as set forth in each Work Order
which assigns services to be accomplished by the CONTRACTOR.
(b) The CONTRACTOR shall be paid in accordance with the schedule of charges
as set forth and described in Exhibit C to this Agreement and attached hereto.
(c) There are no reimbursable expenses to be paid to the CONTRACTOR except as
specifically set forth in individual work orders and agreed upon by the parties.
SECTION 9: INVOICE PROCESS.
(a) Invoices, which are in an acceptable form to the CITY and without disputable
items, which are received by the CITY, will be processed for payment within thirty (30) days of
receipt by the CITY.
(b) The CONTRACTOR will be notified of any disputable items contained in invoices
submitted by the CONTRACTOR within fifteen (15) days of receipt by the CITY with an
explanation of the deficiencies.
(c) The CITY and the CONTRACTOR will make every effort to resolve all disputable
items contained in the CONTRACTOR's invoices.
(d) Each invoice shall reference this Agreement, the appropriate Work Order and
Change Order if applicable, and billing period.
(e) The Florida Prompt Payment Act shall apply when applicable. A billing period
represents the dates in which the CONTRACTOR completed services referenced in an invoice.
(f) Invoices are to be forwarded directly to:
Finance Department
City Of Sanford
City Hall
300 North Park Avenue
Sanford, Florida 32771
SECTION 10: COMMENCEMENT /IMPLEMENTATION SCHEDULE OF AGREEMENT.
(a) The CONTRACTOR shall commence the provision of services as described in
this Agreement upon execution of this Agreement or execution of this Agreement or execution
of a Work Order issued by the CITY. Work Orders shall be issued in substantially the form set
forth in Exhibibit "C" to this Agreement.
Page 7 of 20
(b) The CONTRACTOR and the CITY agree to make every effort to adhere to the
schedules required by the CITY or as established for the various Work Orders as described in
each Work Order. However, if the CONTRACTOR is delayed at any time in the provision of
services by any act or omission of the CITY, or of any employee, tumult of the CITY, or by any
other CONTRACTOR employed by the CITY, or by changes ordered by the CITY, or by strikes,
lock outs, fire, unusual delay in transportation, terrorism, unavoidable casualties, or any other
causes of force majeure not resulting from the inactions or actions of the CONTRACTOR and
beyond the CONTRACTOR's control which would not reasonably be expected to occur in
connection with or during performance or provision of the services, or by delay authorized by
the CITY pending a decision, or by any cause which the CITY shall decide to justify the delay,
the time of completion shall be extended for such reasonable time as the CITY may decide in its
sole and absolute discretion. It is further expressly understood and agreed that the
CONTRACTOR shall not be entitled to any damages or compensation, or be reimbursed for any
losses on account of any delay or delays resulting from any of the aforesaid causes or any other
cause whatsoever.
SECTION 11: TERM /LENGTH OF AGREEMENT.
(a). The term of this Agreement shall be for a period of Ninty (90) days.
SECTION 12: DESIGNATED REPRESENTATIVES.
(a) The CITY designates the City Manager or his /her designated representative, to
represent the CITY in all matters pertaining to and arising from the work and the performance of
this Agreement.
(b) The City Manager, or his /her designated representative, shall have the following
responsibilities:
(i) Examination of all work and rendering, in writing, decisions indicating the
CITY's approval or disapproval within a reasonable time so as not to materially delay the work of
the CONTRACTOR;
(ii) Transmission of instructions, receipt of information, and interpretation and
definition of CITY's policies and decisions with respect to design, materials, and other matters
pertinent to the work covered by this Agreement;
(iii) Giving prompt written notice to the CONTRACTOR whenever the CITY
official representative knows of a defect or change necessary in the project; and
(iv) Coordinating and managing the CONTRACTOR's preparation of any
necessary applications to governmental bodies, to arrange for submission of such applications.
(c) Until further notice from the City Manager the designated representative for this
Agreement is:
Fred Mueller, Project Manager
City Of Sanford, City Hall
300 North Park Avenue
Page 8 of 20
Sanford, Florida 32771
Telephone Number: 407.688.5088
(d) The CONTRACTOR's designated representative is:
4 3m4l~ cc*i
LD IeIM e
cr P bkiV'
A+NM r-V
SECTION 13: TERMINATION /SUSPENSION OF AGREEMENT.
(a) The CITY may terminate this Agreement or any Work Order for convenience at
any time or this Agreement or any Work Order for any one (1) or more of the reasons as follows:
(i) If, in the CITY's opinion, adequate progress to be provided or under a
Work Order is not being made by the CONTRACTOR due to the CONTRACTOR's failure to
perform; or
(ii) If, in the CITY's opinion, the quality of the services provided by the
CONTRACTOR is /are not in conformance with commonly accepted professional standards,
standards of the CITY, and the requirements of Federal and /or State regulatory agencies, and
the CONTRACTOR has not corrected such deficiencies in a timely manner as reasonably
determined by the CITY; or
(iii) The CONTRACTOR or any employee or agent of the CONTRACTOR is
indicted or has a direct charge issued against him /her for any crime arising out of or in
conjunction with any work that has been performed by the CONTRACTOR; or
(iv) The CONTRACTOR becomes involved in either voluntary or involuntary
bankruptcy proceedings, or makes an assignment for the benefit of creditors; or
(v) The CONTRACTOR violates the Standards of Conduct provisions herein
or any provision of Federal, State or local law or any provision of the CITY's Code of Conduct.
(b) In the event of any of the causes described in this Section, the CITY's designated
representative may send a certified letter to the CONTRACTOR requesting that the
CONTRACTOR show cause why the Agreement or any Work Order should not be terminated.
If assurance satisfactory to the CITY of corrective measures to be made within a reasonable
time is not given to the CITY within seven (7) calendar days of the date of the letter, the CITY
may consider the CONTRACTOR to be in default, and may then immediately terminate this
Agreement or any Work Order in progress under this Agreement.
(c) In the event that this Agreement or a Work Order is terminated for cause and it is
later determined that the cause does not exist, then this Agreement or the Work Order shall be
deemed terminated for convenience by the CITY and the CITY shall have the right to so
terminate this Agreement without any recourse by the CONTRACTOR.
SECTION 14: TERMINATION BY CONTRACTOR FOR CAUSE.
Page 9 of 20
The CONTRACTOR may terminate this Agreement only if the CITY fails to pay the
CONTRACTOR in accordance with this Agreement. In the event of such cause, the
CONTRACTOR shall send a certified letter requesting that the CITY show cause why the
Agreement should not be terminated. If adequate assurances are not given to the
CONTRACTOR within fifteen (15) days of the receipt by the CITY of said show cause notice,
then the CONTRACTOR may consider the CITY to be in default, and may immediately
terminate this Agreement.
SECTION 1S: TERMINATION BY THE CITY WITHOUT CAUSE.
(a) Notwithstanding any other provision of this Agreement, the CITY shall have the
right at any time to terminate this Agreement in its entirely without cause, or terminate any
specific Work Order without cause, if such termination is deemed by the CITY to be in the public
interest, in writing of deficiencies or default in the performance of its duties under the Agreement
and the CONTRACTOR shall have ten (10) days to correct same or to request, in writing, a
hearing.
(b) Failure of the CONTRACTOR to remedy said specified items of deficiency or
default in the notice by either the CITY's designated representative within ten (10) days of
receipt of such notice of such decisions, shall result in the termination of the Agreement, and the
CITY shall be relieved of any and all responsibilities and liabilities under the terms and
provisions of the Agreement.
(c) The CITY shall have the right to terminate this Agreement without cause with a
one - hundred twenty (120) day written notice to the CONTRACTOR. The CITY reserves the
right to terminate any Agreement for cause with a five (5) day written notice to the
CONTRACTOR. Notice shall be served to the parties as specified in the Agreement.
(d) In the event that this Agreement is terminated, the CITY shall identify any specific
Work Order(s) being terminated and the specific Work Order(s) to be continued to completion
pursuant to the provisions of this Agreement.
(e) This Agreement will remain in full force and effect as to all authorized Work
Order(s) that is /are to be continued to completion.
(f) In the event that after the CITY's termination for cause for failure of the
CONTRACTOR to fulfill its obligations under this Agreement it is found that the CONTRACTOR
has not so failed, the termination shall be deemed to have been for convenience and without
cause.
SECTION 16: PAYMENT IN THE EVENT OF TERMINATION.
In the event this Agreement or any Work Order is terminated or canceled prior to final
completion without cause, payment for the unpaid portion of the services provided by the
CONTRACTOR to the date of termination and any additional services shall be paid to the
CONTRACTOR.
SECTION 17: ACTION FOLLOWING TERMINATION.
Page 10 of 20
Upon receipt of notice of termination given by either party, the terminated party shall promptly
discontinue the provision of all services, unless the notice provides otherwise.
SECTION 18: SUSPENSION.
(a) The performance or provision of the CONTRACTOR's services under any Work
Order or under this Agreement may be suspended by the CITY at any time.
(b) In the event the CITY suspends the performance or provision of the
CONTRACTOR's services hereunder, the CITY shall so notify the CONTRACTOR in writing,
such suspension becoming effective within seven (7) days from the date of mailing, and the
CITY shall pay to the CONTRACTOR within thirty (30) days all compensation which has
become due to and payable to the CONTRACTOR to the effective date of such suspension.
The CITY shall thereafter have no further obligation for payment to the CONTRACTOR for the
suspended provision of services unless and until the CITY's designated representative notifies
the CONTRACTOR in writing that the provision of the services of the CONTRACTOR called
for hereunder are to be resumed by the CONTRACTOR.
(c) Upon receipt of written notice from the CITY that the CONTRACTOR's provision
of services hereunder are to be resumed, the CONTRACTOR shall continue to provide the
services to the CITY.
SECTION 19: EQUAL OPPORTUNITY EMPLOYMENT /NON-
DISCRIMINATION.
The CONTRACTOR agrees that it will not discriminate against any employee or applicant for
employment for work under this Agreement because of race, color, religion, sex, age, national
origin or disability and will take affirmative steps to ensure that applicants are employed and
employees are treated during employment without regard to race, color, religion, sex, age,
national origin or disability. This provision shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer; recruitment advertising; layoff or termination;
rates of pay or their forms or compensation; and selection for training, including apprenticeship.
The CONTRACTOR, moreover, shall comply with all the requirements as imposed by the
Americans with Disability Act, the regulations of the Federal government issued thereunder, and
any and all requirements of Federal or State law related thereto.
SECTION 20: INDEMNITY AND INSURANCE.
(a) To the fullest extent permitted by law, the CONTRACTOR shall indemnify, hold
harmless and defend the CITY, its agents, servants, officers, officials and employees, or any of
them, from and against any and all claims, damages, losses, and expenses including, but not
limited to, attorneys fees and other legal costs such as those for paralegal, investigative, and
legal support services, and the actual costs incurred for expert witness testimony, arising out of
or resulting from the performance or provision of services required under this Agreement,
provided that same is caused in whole or part by the error, omission, negligent act, failure to act,
breach of contract obligation malfeasance, misfeasance, negligent conduct, or misconduct of
the CONTRACTOR, its agents, servants, officers, officials, employees, or subCONTRACTORs.
Additionally, the CONTRACTOR accepts responsibility for all damages resulting in any way
related to the negligent performance of the work contemplated hereunder, in accordance with
Section 725.08, Florida Statutes. In no event, shall either party be responsible or liable to the
other for any incidental, consequential, or indirect damages whether arising by contract or tort.
Page 11 of 20
(b) In accordance with Section 725.06, Florida Statutes, adequate consideration has
been provided to the CONTRACTOR for this obligation, the receipt and sufficiency of which is
hereby specifically acknowledged.
(c) Nothing herein shall be deemed to affect the rights, privileges, and immunities of
the CITY as set forth in Section 768.28, Florida Statutes.
(d) In claims against any person or entity indemnified under this Section by an
employee of the CONTRACTOR or its agents or subCONTRACTORs, anyone directly or
indirectly employed by them or anyone for whose acts they may be liable, the indemnification
obligation under this Section shall not be limited by a limitation on amount or type of damages,
compensation or benefits payable by or for the CONTRACTOR or its agents or
subCONTRACTORs, under Workers Compensation acts, disability benefits acts, or other
employee benefit acts.
(e) The execution of this Agreement by the CONTRACTOR shall obligate the
CONTRACTOR to comply with the indemnification provision in this Agreement; provided,
however, that the CONTRACTOR must also comply with the provisions of this Agreement
relating to insurance coverages.
(f) The CONTRACTOR shall submit a report to the CITY within twenty -four (24)
hours of the date of any incident resulting in damage or which is reasonably likely to result in a
claim of damage.
SECTION 21: INSURANCE.
(a) The CONTRACTOR shall obtain or possess and continuously maintain the
following insurance coverage, from a company or companies, with a Best Rating of A- or better,
authorized to do business in the State of Florida and in a form acceptable to the City and with
only such terms and conditions as may be acceptable to the CITY:
(i) Workers Compensation /Employer Liability: The CONTRACTOR shall
provide Worker's Compensation for all employees. The limits will be statutory limits for
Worker's Compensation insurance and $1,000,000 for Employer's Liability.
(ii) Comprehensive General Liability: The CONTRACTOR will provide
coverage for all operations including, but not limited to, contractual, products and complete
operations and personal injury. The limits will not be less than $1,000,000 Combined Single
Limit (CDL) or its equivalent.
(iii) Comprehensive Automobile Liability: The CONTRACTOR shall provide
complete coverage for owned and non -owned vehicles for limits not less than $1,000,000 CSL
or its equivalent.
(b) All insurance other than Workers Compensation to be maintained by the
CONTRACTOR shall specifically include the CITY as an additional insured.
(c) The CONTRACTOR shall provide Certificates of Insurance to the CITY
evidencing that all such insurance is in effect prior to the issuance of the first Work Order under
this Agreement from the CITY. These Certificates of Insurance shall become part of this
Page 12 of 20
Agreement. Neither approval by the CITY nor failure to disapprove the insurance furnished by a
CONTRACTOR shall relieve the CONTRACTOR of the CONTRACTOR's full responsibility for
performance of any obligation including the CONTRACTOR's indemnification of the CITY under
this Agreement. If, during the period which an insurance company is providing the insurance
coverage required by this Agreement, an insurance company shall: (1) lose its Certificate of
Authority, (2) no longer comply with Section 440.57, Florida Statutes, or (3) fail to maintain the
requisite Best's Rating and Financial Size Category, the CONTRACTOR shall, as soon as the
CONTRACTOR has knowledge of any such circumstance, immediately notify the CITY and
immediately replace the insurance coverage provided by the insurance company with a different
insurance company meeting the requirements of this Agreement. Until such time as the
CONTRACTOR has replaced the unacceptable insurer with insurance acceptable to the CITY,
the CONTRACTOR shall be deemed to be in default of this Agreement.
(d) The insurance coverage shall contain a provision that requires that prior to any
changes in the coverage, except increases in aggregate coverage, thirty (30) days prior notice
will be given to the CITY by submission of a new Certificate of Insurance.
(e) The CONTRACTOR shall furnish Certificate of Insurance directly to the CITY's
designated representative. The certificates shall clearly indicate that the CONTRACTOR has
obtained insurance of the type, amount and classification required by this Agreement.
(f). Nothing in this Agreement or any action relating to this Agreement shall be
construed as the CITY waiver of sovereign immunity beyond the limits set forth in Section
768.28, Florida Statutes.
(g) The CITY shall not be obligated or liable under the terms of this Agreement to
any party other than the CONTRACTOR. There are no third party beneficiaries to this
Agreement.
(h). The CONTRACTOR is an independent contractor and not an agent,
representative, or employee of the CITY. The CITY shall have no liability except as specifically
provided in this Agreement.
(i) All insurance shall be primary to, and not contribute with, any insurance or self -
insurance maintained by the CITY.
SECTION 22: STANDARDS OF CONDUCT.
(a) The CONTRACTOR warrants that it has not employed or retained any company
or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or
secure this Agreement and that the CONTRACTOR has not paid or agreed to pay any person,
company, corporation, individual or firm other than a bona fide employee working solely for the
CONTRACTOR, any fee, commission, percentage, gift, or any other consideration, contingent
upon or resulting from the award of making this Agreement.
(b) The CONTRACTOR shall not discriminate on the grounds of race, color, religion,
sex, or national origin in the performance of work under this Agreement or violate any laws
pertaining to civil rights, equal protection or discrimination.
(c) The CONTRACTOR hereby certifies that no undisclosed (in writing) conflict of
interest exists with respect to the Agreement, including, but not limited to, any conflicts that may
Page 13 of 20
be due to representation of other clients, customers or vendees, other contractual relationships
of the CONTRACTOR, or any interest in property that the CONTRACTOR may have. The
CONTRACTOR further certifies that any conflict of interest that arises during the term of this
Agreement shall be immediately disclosed in writing to the CITY. Violation of this Section shall
be considered as justification for immediate termination of this Agreement.
(d) The CONTRACTOR shall ensure that all taxes due from the CONTRACTOR are
paid in a timely and complete manner including, but not limited to, occupational license tax.
(e) If the CITY determines that any employee or representative of the
CONTRACTOR is not satisfactorily performing his /her assigned duties or is demonstrating
improper conduct pursuant to any assignment or work performed under this Agreement, the
CITY shall so notify the CONTRACTOR, in writing. The CONTRACTOR shall immediately
remove such employee or representative of the CONTRACTOR from such assignment.
(f) The CONTRACTOR shall not publish any documents or release information
regarding this Agreement to the media without prior approval of the CITY.
(g) The CONTRACTOR shall certify, upon request by the CITY, that the
CONTRACTOR maintains a drug free workplace policy in accordance with Section 287.0878,
Florida Statutes. Failure to submit this certification may result in termination of this Agreement.
(h) If the CONTRACTOR or an affiliate is placed on the convicted vendor list
following a conviction for a public entity crime, such action may result in termination of this
Agreement by the CITY. The CONTRACTOR shall provide a certification of compliance
regarding the public crime requirements set forth in State law upon request by the CITY.
(i) The CITY reserves the right to unilaterally terminate this Agreement if the
CONTRACTOR refuses to allow public access to all documents, papers, letters, or other
materials subject to provisions of Chapter 119, Florida Statutes, and other applicable law, and
made or received by the CONTRACTOR in conjunction, in any way, with this Agreement.
(j) The CONTRACTOR shall comply with the requirements of the Americans with
Disabilities Act (ADA), and any and all related Federal or State laws which prohibits
discrimination by public and private entities on the basis of disability.
(k) The CITY will not intentionally award publicly- funded contracts to any
CONTRACTOR who knowingly employs unauthorized alien workers, constituting a violation of
the employment provisions contained in 8 U.S.C. Section 1324a(e) Section 274A(e) of the
Immigration and Nationally Act (INA). The CITY shall consider the employment by the
CONTRACTOR of unauthorized aliens, a violation of Section 274A(e) of the /NA. Such violation
by the CONTRACTOR of the employment provisions contained in Section 274A(e) of the INA
shall be grounds for immediate termination of this Agreement by the CITY.
(1) The CONTRACTOR agrees to comply with Federal, State, and local
environmental, health, and safety laws and regulations applicable to the services provided to
the CITY. The CONTRACTOR agrees that any program or initiative involving the work that
could adversely affect any personnel involved, citizens, residents, users, neighbors or the
surrounding environment will ensure compliance with any and all employment safety,
environmental and health laws.
Page 14 of 20
(m) The CONTRACTOR shall ensure that all services are provided to the CITY after
the CONTRACTOR has obtained, at its sole and exclusive expense, any and all permits,
licenses, permissions, approvals or similar consents.
(n) If applicable, in accordance with Section 216.347, Florida Statutes, the
CONTRACTOR shall not use funds provided by this Agreement for the purpose of lobbying the
Legislature, the judicial branch or State agency.
(o) The CONTRACTOR shall advise the CITY in writing of it who has been placed
on a discriminatory vendor list, may not submit a bid on a contract to provide goods or services
to a public entity, or may not transact business with any public entity.
(p) The CONTRACTOR shall not engage in any action that would create a conflict of
interest in the performance of that actions of any CITY employee or other person during the
course of performance of, or otherwise related to, this Agreement or which would violate or
cause others to violate the provisions of Part III, Chapter 112, Florida Statutes, relating to ethics
in government.
SECTION 23: ACCESS TO RECORDS /AUDIT /PUBLIC RECORDS.
(a) The CONTRACTOR shall maintain books, records, documents, time and costs
accounts and other evidence directly related to its provision or performance of services under
this Agreement. All time records and cost data shall be maintained in accordance with generally
accepted accounting principles.
(b) The CONTRACTOR shall maintain and allow access to the records required
under this Section for a minimum period of five (5) years after the completion of the provision or
performance services under this Agreement and date of final payment for said services, or
date of termination of this Agreement.
(c) The CITY may perform, or cause to have performed, an audit of the records of
the CONTRACTOR before or after final payment to support final payment under any Work
Order issued hereunder. This audit shall be performed at a time mutually agreeable to the
CONTRACTOR and the CITY subsequent to the close of the final fiscal period in which
services are provided or performed. Total compensation to the CONTRACTOR may be
determined subsequent to an audit as provided for in this Section, and the total compensation
so determined shall be used to calculate final payment to the CONTRACTOR. Conduct of this
audit shall not delay final payment as required by this Section.
(d) In addition to the above, if Federal, State, County, or other entity funds are used
for any services under this Agreement, the Comptroller General of the United States or the
Chief Financial Officer of the State of Florida, or the County of Flagler, or any representatives,
shall have access to any books, documents, papers, and records of the CONTRACTOR which
are directly pertinent to services provided or performed under this Agreement for purposes of
making audit, examination, excerpts, and transcriptions.
(e) In the event of any audit or inspection conducted reveals any overpayment by the
CITY under the terms of the Agreement, the CONTRACTOR shall refund such overpayment to
the CITY within thirty (30) days of notice by the CITY of the request for the refund.
Page 15 of 20
(f) The CONTRACTOR agrees to fully comply with all State laws relating to public
records.
(g) The CONTRACTOR agrees that if any litigation, claim, or audit is started before
the expiration of the record retention period established above, the records shall be retained
until all litigation, claims or audit findings involving the records have been resolved and final
action taken.
SECTION 24: CODES AND DESIGN STANDARDS.
(a) All services to be provided for performed by the CONTRACTOR shall, at a
minimum, be in conformance with commonly accepted industry and professional codes and
standards, standards of the CITY, and the laws of any and all Federal, State and local
regulatory agencies.
(b) The CONTRACTOR shall be responsible for keeping apprised of any changing
laws, applicable to the services to be performed under this Agreement.
SECTION 25: ASSIGNABILITY.
(a) The CONTRACTOR shall not sublet, assign or transfer any interest in this
Agreement, or claims for the money due or to become due out of this Agreement to a bank, trust
company, or other financial institution without written CITY approval. When approved by the
CITY, written notice of such assignment or transfer shall be furnished promptly to the CITY.
(b) The CONTRACTOR agrees to reasonably participate in the contract
"piggybacking" programs pertinent to local governments.
SECTION 26: SUBCONTRACTORS.
(a) Any CONTRACTOR's proposed subCONTRACTORs shall be submitted to the
CITY for written approval prior to the CONTRACTOR entering into a subcontract.
SubCONTRACTOR information shall include, but not be limited to, State registrations, business
address, occupational license tax proof of payment, and insurance certifications.
(b) The CONTRACTOR shall coordinate the provision of services and work product
of any CITY approved subCONTRACTORs, and remain fully responsible for such services and
work under the terms of this Agreement.
(c) Any subcontract shall be in writing and shall incorporate this Agreement and
require the subCONTRACTOR to assume performance of the CONTRACTOR's duties
commensurately with the CONTRACTOR's duties to the CITY under this Agreement, it being
understood that nothing herein shall in any way relieve the CONTRACTOR from any of its
duties under this Agreement. The CONTRACTOR shall provide the CITY with executed copies
of all subcontracts.
(d) The CONTRACTOR shall reasonably cooperate at all times with the CITY and
other CITY CONTRACTORs and professionals.
SECTION 27: CONTROLLING LAWS/VENUE /INTERPRETATION.
Page 16 of 20
(a) This Agreement is to be governed by the laws of the State of Florida.
(b) Venue for any legal proceeding related to this Agreement shall be in the
Eighteenth Judicial Circuit Court in and for Seminole County, Florida.
(c) This Agreement is the result of bona fide arms length negotiations between the
CITY and the CONTRACTOR and all parties have contributed substantially and materially to the
preparation of the Agreement. Accordingly, this Agreement shall not be construed or
interpreted more strictly against any one party than against any other party.
SECTION 28: FORCE MAJEURE.
Neither party shall be considered in default in performance of its obligations hereunder to the
extent that performance of such obligations, or any of them, is delayed or prevented by Force
Majeure. Force Majeure shall include, but not be limited to, hostility, terrorism, revolution, civil
commotion, strike, epidemic, fire, flood, wind, earthquake, explosion, any law, proclamation,
regulation, or ordinance or other act of government, or any act of God or any cause whether of
the same or different nature, existing or future; provided that the cause whether or not
enumerated in this Section is beyond the control and without the fault or negligence of the party
seeking relief under this Section.
SECTION 29: EXTENT OF AGREEMENT /INTERGRATION /AMENDMENT.
(a) This Agreement, together with the exhibit(s), if any, constitutes the entire
integrated Agreement between the CITY and the CONTRACTOR and supersedes all prior
written or oral understandings in connection therewith. This Agreement, and all the terms and
provisions contained herein, including without limitation the exhibits hereto, constitute the full
and complete agreement between the parties hereto to the date hereof, and supersedes and
controls over any and all prior agreements, understandings, representations, correspondence
and statements whether written or oral.
(b) This Agreement may only be amended, supplemented or modified by a formal
written amendment.
(c) Any alterations, amendments, deletions, or waivers of the provisions of this
Agreement shall be valid only when expressed in writing and duly signed by the parties.
SECTION 30: NOTICES.
(a) Whenever either party desires to give notice unto the other, it must be given by
written notice, sent by registered United States mail, with return receipt requested, addressed to
the party for whom it is intended, at the place last specified, and the place for giving of notice
shall remain such until it shall have been changed by written notice in compliance with the
provisions of this Section.
(b) For the present, the parties designate the following as the representative places
forgiving of notice, to -wit:
For the CITY:
Sherman Yehl, City Manager
300 North Park Avenue
Page 17 of 20
Each exhibit referred to and attached to this Agreement is an essential part of this
Agreement. The exhibits and any amendments or revisions thereto, even if not physically
attached hereto, shall be treated as if they are part of this Agreement.
SECTION 34: CAPTIONS.
The Section headings and captions of this Agreement are for convenience and reference
only and in no way define, limit, describe the scope or intent of this Agreement or any part
thereof, or in any way affect this Agreement or construe any provision of this Agreement.
SECTION 35: SEVERABILITY /CONSTRUCTION.
(a) If any term, provision or condition contained in this Agreement shall, to any
extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of
such term, provision or condition to persons or circumstances other than those in respect of
which it is invalid or unenforceable, shall not be affected thereby, and each term, provision and
condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law
when consistent with equity and the public interest.
(b) All provisions of this Agreement shall be read and applied in para materia with all
other provisions hereof.
SECTION 36: ALTERNATIVE DISPUTE RESOLUTION (ADR).
(a) In the event of a dispute related to any performance or payment obligation arising
under this Agreement, the parties agree to exhaust any alternative dispute resolution
procedures reasonably imposed by the CITY prior to filing suit or otherwise pursuing legal
remedies.
(b) The CONTRACTOR agrees that it will file no suit or otherwise pursue legal
remedies based on facts or evidentiary materials that were not presented for consideration to
the CITY in alternative dispute resolution procedures or which the CONTRACTOR had
knowledge and failed to present during the CITY procedures.
(c) In the event that CITY procedures are exhausted and a suit is filed or legal
remedies are otherwise pursued, the parties shall exercise best efforts to resolve disputes
through voluntary mediation. Mediator selection and the procedures to be employed in
voluntary mediation shall be mutually acceptable to the parties. Costs of voluntary mediation
shall be shared equally among the parties participating in the mediation.
SECTION 37: COUNTERPARTS.
This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original, but all of which, taken together, shall constitute one and the same
document.
SECTION 38: SUBMITTALS.
The following are items the CONTRACTOR must submit to the City as stated in this
Agreement::
Page 19 of 20
(a) Description of Services; Section 2.
(b) Worker compensation insurance for all employees; Section 21, Paragraph (a) (1)
(c) Certificates of insurance; Section 21, Paragraph (c)
(d) Conflict of Interest Statement; Section 22, Paragraph (c)
This Agreement describes each item listed above in detail. All provided to the City must be
accurate and updated certifying the CONTRACTOR is proceeding correctly.
SECTION 39: EXHIBITS.
Each Exhibit referred to and attached to this Agreement is an essential part of this Agreement.
The Exhibits and any amendments or revisions thereto, even if not physically attached hereto,
shall be treated as if they are part of this Agreement.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement
on the respective dates under each signature: the CITY through its City Commssion taking
action on the 27th day of October 2008 and the CONTRACTOR signing by and through its
duly authorized corporate officer having the full and complete authority to execute same.
ATTEST.
ATTEST.
CO RACTOR:
�`f�QtE� R . CO/V Rfi�
Corporate President
Date: 1C - 24 • v 8
CITY OF SANFORD
- A l( Q & 0
Janet Dougherty, City (Ulerk V Linda Kuhn, ayor
For the use and reliance of the City of
Sanford only. Approved as to form
and legal sufficiency.
/s/ William L. Colbert
William L. Colbert, City Attorney
Date: 10 R q -e)S
Page 20 of 20
'Q
C
W
Z —
i
—
W
9
X
/�
r; uXX;u xa
O
0
w
G
Cn
°?�
lD
.3r
iZ3
Q.
�o.
ro
O
1
ro
0
ro
0
ro
0
ro
0
ro
0
0
O
-�o
Cp
- ,
O
x
,_,
S
< <
<
<
c t
<
G
—
N
-+
y p
o
n
:
CL
(D
CD
<N
'd
QO
w
X
X,p
ro
Ui
t0
d
(At�l
�
m
2
C
rt
.
5.rtrt
O
O
H
N
(»
0 '
- n
0
N,
_ 0
:3
0
7
7
O
0
U3
rO
<
9
=
O
ro
CCD
CA
!A
n
H
Qo
O
N
O
O
CL
O
=
3
- n
O
N
O.
y
W
3
Q
3
CD
O
c
m
A3
N
to
i
N
A
i
N
N
to
c0
O
i
i
Cn
(A
r
N
ro
r
n
(n
CO
Cl)
ro
r
C
-n
-n
-n
W
- n
- n
- n
- n
W
9
N
69
-A
O
O
O
69
i
U
C.0
A
W
69
0
CA
y
N
W
j
tOD
O
co
m
C
ro
Cs
a
ea
E!�
m
C
0)
-L
Efl
Efl
Cn
O
co
OD
N
Cn
N
CO
O
O
A
W
Cp
.a
Cn
�1
O
O
.N
O
O
00
-►
O
N
O
O
O
W
CnOOOW
O
p
W
En
CD 0
N
A
-i
Cn
-
O
.
i
C
r
r
c
G
r:
o
Ef!
W
i
Es
-'
co p
O �J
O
N
W
Cn
O
CC
C 71 �
O
O
y
NO
O
-�
CD
CD
3
Q.
Q
�
� �
N
�
Eft
?
N
E�
{s9
40
C•7
w 0
rD -L
.F
L
Cn
v�
'69
CD
i
OD Cn
t0 p
N
CO
OD
Cn
V
O
O
O
p
W
C71 O
H. -
ODO
OD O
O
C
0
GD
O
W
W
CC)
O
O
OCp0Cfl
rF
C
CD
3
CD
!'t
N
rn
N
ri•
tU
r�
Q.
O
N
r•h
O
�h
0
OF
C 0.
■h
V
A O
i.f.
m
X
_s
W
t�
CD
C z
CD
G
n
O
CD
M
O
rn
�i
a
CD
CL
O
P!`
O
h
0
r l
h
h
O
CL
CQ
CD
N
z
C
G
CO
0
O
CD
CD
G
G
O
c
G
�
< X In
O O O
- o
O
N
0
CD
0
N
(D CD
n
O
G
N
n
US
@
a
0
C
n
O
m
O O
Cfl
CD
n
0
N
3
O
<
r
<
!�
Cf
0
C DD
t
p
CCDD
7
0,
O
-
0-►
n
N OO
O
3
CA �m
v
-Nv
c
CD
CD
O
0r
N
O X CD
O
=
C)
Cp
p
CD
CA
0
U3
Cr
p CL
O�
N
R
'�
v
C
N
CD
N
CL
N
O
7
O
CD
N
0
<
(D
N
O
CD
W
N
N
n
O
n
0
cc
Q-
C
CD
cr
rr
r►
3
c
m
N
p
c
co
En
-
pp
O
OW
WN
W
i
C�OONN
N
O
O
000
y�°
-r riDDDDDD
DD
Opp
C
1
1 69
N
CJt
0
"O
.69
69
4A
N
fA
C O
CA
O
v
N
4fl
N
4A
D.
1
W
p
o O N
�
N
N
1
y00�0)
�
CF10C77N
6J
C
C
C n
0
0 0 0
C)
C D
0
0
0
too
cn
o c0
W
0
0
0
0
X
C
7
69
4�
�
L-9
W
6 9
N
CCD
D
C2
V
r9
N
Ge
-.9
Q
N
p
M.
W CA)
69
to
J0
JO
J0004flCA0
co
(D
Nil
J
4fl
O
4A{fl0
000
i
n
CD
000
-1
ONN0001J0C)Ul
OUf
lV
OCCDCA000
i
N
p
O
O
000
N
COO
000
W
O
0007000370000
J
O
O
000
Q
C
N
3
N 1 1
.�
co
p
CA
Cl
0
W
ONN�m
i
1
1
0
00tCJi
O
pcn
C
49
1
r.
-69
t�14f7NEfl
N�N
v
m
69
4fl
EA
-�
0
W
N N
n
in
co
- t0000NC001C3�N
CUCC00-
�CA�IC
CA
:_&
C00
CD
000
0000v00Cm0CJ7
Cp
Cil W O
DTI
n
CD
7
C2
CD
W
69
4A 4fl
W 41 49 N
W
O
N
w
{fl
{�
69
-&
O
N
-M
N CJC
j
W W W CA
W
0)
�P
0
'69
CA
al
-4
N
N
C
O
OD
0
tai
N
Cn
CO
J
O CaW W
W 0 C10 CO
6%
O
CT
WcD
CO
O
CO0001O
Cn
40
co
4fi
N
?�i
CJ7
iCJ)OCf1
N
O
I
W
WlD
-4 M1O
C0
p
p)
C
O
CO
C
O
N
-+
IV
0
0
W
W
O
O
01
N
ON
0 C 0
CJt 0ul0
0
000
J
OOOOOONCJ1p0
M
O
rn
�i
a
CD
CL
O
P!`
O
h
0
r l
h
h
O
CL
CQ
CD
N
z
C
G
CO
0
O
CD
2
O
CD
3
Q.
O
O
h
�x
E7
V+
�h
m
0
N
C Z
CD
0
0
0
N
Q
(p
O
ct
CD
3 cw
O
r
na
V)
OO
CD
9
Q
:
3
Q
CD
In
n
00
(_D
O
P.
y
.
(D
C
~
pt
CL
Q
A
Q
CD
(ll
C{
7
A
N
c
_
CL
rt
3
O
.3
a)
=r
CD
03
a
o,
X
0
y
O
O
O
N
C
N
p
C
N
En
7
O
p
0
0
00
°
D
- n
y �
C
S
�
,.9
°
°
O
n
0
O
0
0
(D
0
i-i
CD
N
4A
N
40
Q
(3t
U1
O
�o
-13
CO
co
co
cn
:3.
W
O
0
0
_SP
P
O
CD
O
Q
000
y
o
co
p
o
0
o
0
0
p
o
w
C
cO
C
69
64
ow
-69 .
1k
5A
000n
CD
o
O J
co P
c0
c0
O
O 0
O (77
O
O
fD
7
CL
69
Q.
in
C
Ul
_O
_O
N
�
EN w
W
4A
--%
°
C —
�
N�
O
co
O
00
co
CC"w
A
O
A
0
0 0
w
O w
�C
O
rl
om
o
w
o
o c
w
o ca
m
o
rn
cs,
0
cn
o
0 o
cn
o cn
o
o.
o
2
O
CD
3
Q.
O
O
h
�x
E7
V+
�h
m
0
N
C Z
CD
0
0
0
m
N
rtL
it
n J
i■ lql
CD
O
iet /w
i ■ l��
O
C
m
CD C
U
h
O
m l
Cl
m
X
cr
h
.
v
cfl
CD
z
C D
G
cn
n
0
CD
o
0)
2)
�
rt
N
7
7
3
�
N
CD
X
d
to
3
N
01
Nov
_
cu
Co
0
7
rt
O
7
Q
C
! ,3 a
V!
V/
C
T
-
rt
C
rt
M.
O
O
C
7
O_
►
{4
6fl
Q
t o
:L
CD
CC)
=
-
L
p
CD
N
O
00
4
O
00
p
c
s�
O
tp
N
O
C
7
N
n
�
fD
IV
cn
O
O
C
(C
7
Q
Q
W
.69
6
EA
"G
to
co
�
CD
p
V
-L
W
co
co
0
m
N
rtL
it
n J
i■ lql
CD
O
iet /w
i ■ l��
O
C
m
CD C
U
h
O
m l
Cl
m
X
cr
h
.
v
cfl
CD
z
C D
G
cn
n
0
CD
Exhibit 2 (4 pages) Negotiated Bid
The Following Items Are Add Alternates Associated with 1.22, 1.23, and 1.24
of the Bid Documents
Description
Quantity
Unit
Unit Price
Extended Price
Armed Secufty Guard
80 estimate
Hr
33.75
2,700.00
-a � q - I.CA;
a: J:Aki'!.:
Trash Chute
1
LS
6,100.00
6,100.00
`Z' '4' x.�:' .'�
LR'��i+s�•w9J+, .�1.'.�'�a
j '�kk ±
Ca et Allowance per Square Yard
.a,.',!��'.?i,,:i`}
YlMe, ?j+
1,195
.� - :..y:.
'� r!•�' ;q r . stt
SY
+s
- 3 '�•Y
22.00
n t. y.ySmKF.•,,.
�l��L• - �l I��"v
26,290.00 -
Shav/s Langan 11 26 oz. direct glue down
Removal of Existing Carpet/ Base
1,195
SY
2.83
3,381.85
Vinyl Cove Base 4"
2,040
LF
1.65
3,366.00
Roppe or equal
{ do �`i.J.�. h7 %'ii' -' i'h a'ai�.
Ceramic Floor Tile
.54,Y.11 "S
998
:'.. i'
SF
f: �
5.19
f1- :•.:'�
:.. i 1 i1w --
5,179.62
Dal -tile's Gold Rush 12 x 12
Credit for carpet area
133
SY
22.00
- 2,926.00
Exhibit 2 (4 pages) Negotiated Bid
Description Quantity
Unit
Unit Price
Extended Price
E7E)yl;Qt':�FtON•;� -•t�:., �.�: :.�'��'�•' <''= �.;t;�':.�?:_i.`=`�'• �i" •� :. y s,. - - '
I;,°; c�=!; �s: := .d�:�
^>:�' >.'��Yn;�.�e't���fi
Remove exist millwork
75
LF
1 0.31
773.25
Remove exist doors &frames
I
EA
115.00
115.00
Remove Interior p artitions
4 - 4&M
SF
2.52
140AB
Remove exist wall finishes
6000
SF
Remove ACT ceilings & grid (Salvage)
:160
SF
Load/Haul Debris
1 100 4.7.5
Cy
(2,77
1,277.00
TOTAL DEMOLITION
2135533
S I) .L� El: ::' :.•c;:�:�qr :�:� �� _:r�::
::iii r ':4�� .M:
:::•:::�.•;. ., r5: a: i. f7�ti ;:.�i °;.,.;:;'rx„�?;�": "��
:x +• •.^. :qTw..
New Columns
1 41
EA
Allowance
1 340001
SF
TOTAL MISCELLANEOUS METALS
ROtlGHCA Y;•>.�t:;,�: ° : ,E " 5 ,, *,' `;';�;c:,;z : r:�xx q;:?:*�;; t °, �k •x ; , -: .:�::;•Fn.: - �:�i:: -:r��i
.. 1�t �;!.t �'. w;••. �:- n.: 5� .h,: .. .. • ti_: �r`�e:kr... n.ni •; ^ t._,4�:�6•ii ..`:°
Blocking ' S 64069 J . Co-F- LF I q.7&
t� S:� f YX4M a.Y fit. -:
_ _..i.. r.- � .'S
.9 so
TOTAL CARPENTRY
4 S. a0
N � � OUGH
ISi'I .iO ; R (�R d1.1- :,t 5 �'''Y.r.$^v5 •. :��: i e. a -)S'ii t'.i.1: a :Y- •�:� � it �l.j :�•i F �i r -•r.�l
.. .. �•:'n' :.- R".'.•:' •tee`: :�. ::. ... _. :u _.•' .. .. r.. :... -.. :.
.,7,41 E.Ni!F. ?' ;, ..:ts_ i1. ^iti�v.�<i �' 'aSt:L'%'��'i.3ti s'f:; •'I. � :ii'::L. • r i lt`y n. 'i i... 4
Upper Cabinets
55
LF
Lower Cabinets
50
LF
Base Cab wNVood Drawers
28
LF
Plam Counters
480
SF
Plam Shelving
240
LF
Backs lash
165
LF
Curved Counter
401
SF
Plam File Cabinet
27
LF
Reception Desk
55
LF
Curved Reception Desk
17
LF
ADA Accessible Counter
24
SF
Curved Transaction Top
12
SF
Work Stations
18
LF
Directory
1
LS
TOTAL FINISH CARPENTRY
ROOM 241 RofenDN %&ICC bEW
1
LS
4-,811.00
4
Y• t':
Wall Insulation+ 1 43301 SF
TOTAL INSULATION i
C` :.�,, ,;,: aca ^ :A;• :.Y . - -�,' : • y ,__� r., n .
q 1 SEA 1 _:,.�';�'�r . .������,. ;:;;^ r�;.- s.. �:: r' r` � <:'`:�:�:�;:_r�•'i;.�::��;:.:. _ _ t
ULKING
Ailowance - 340001 SF
TOTAL CAULKING /SEALERS
IAfO.ODa3_ RS: FRAl11IES. H DV1Ca
Wood /Glass Doors -'PF Sole 6
EA
9,100-50
ri ' 2, 00
3'0x6'0" SCW w/frame
281 EA
TOTAL WOOD DOORS
A,G4 2,on
Exhibit 2 (4 pages) Negotiated Bid
Description I QuanttvUnit Unit Price
r�z..�d �* ��s" �33":: i��m�k ':.�.`,�.�'r •'� ,�.�a;fr.;.�' r,w1:t;•.., i;
�,.I ,«
Extended Price
fi;;cffi�Q ��;
Storefront Door 3'x8'
EA
Storefront Glass
40 SF
TOTAL STOREFRONT GLASS
y SLID1A4 RCMM014 WbOW
t W3 • 0.S' -it t:[� i JYYh f qq.y� •� ; ♦'S
'C ?._. ,ac w., J,Y M .y '� .v�'. y .. }.'J.,
L'��' � Y .k - � • 'sY•'i. ,I'L'. �'l t°Y:,1
Interior Glass 2 GVTOVTS
2 EA
'Ti^""t sx.:
i "'S:`� ' 7` 1�Y 17 .'C
•.0J 'fyRwi ..we5:.1 *?:�,.
1 440 -BMI SF
35700
,n
— " :..
1 34
- ?K,o0
.''k >:{: -.
:R•�.M.�L.k..: . Y �. Y
I Sq4,
TOTAL WINDOWS
.�. .
J' SR�. e' N '!j`.�' r:t).J..1 vt _4Y= .d�'� ..4. " "y{`�!y f�.,r'.F "`
ny.i4 y e..t�•r: -
N SF
New Ceilings /Soffits
2801
WAW STIMNS95
15 ---,
-SP
SZ.SS
VZU 2
35/8 "G on eta tud
(o 4338
SF
I 9 .0to
(e .7
TOTAL GYPSUM BOARD
'7,544.01
JA� pp77
FjA - IN' 1 60 '!4'�L°.cF.� "�F;,','x' "ti'=r'�S }, . \;;�r;'�'1'�
'.x <., -: „r,c;.- ( r:^ a ±
:w ` {: aw.ti 4 :l
Paint Existing Walls
1124 +DWI
SF
.S
7105&.00
Paint Ceilings
1 2801
SF
Paint New Walls
I 1392
SF
1 2002
2, tI1 . %4
TOTAL PAINTING /SEALANTS
NOW. e4
F j RE.;P.. . a ROT.ECTION...::ht• =,: =;r.'• :.;.. s = :•': _ _.. .. .!s -_'-: y -= ':t °:.+. <.; ._•. , •-.i'
"_3•: �.. •.... ! a..�.._..,..
Adjust as necessary 11 LS
FIRE PROTECTION
y T J O / TA I L
- ' AL: :'.:F.." &, p::eY. "l r .. rFr:�.. w�'y .r;:STii %1::
_
e4... .. k..; tFf > 7,, ei�i!'' t_f, A:!3' s:��.� .'�4
'iJ....r .�:f. i':ftrr :Y%''..
'%c . ".i:' `:i:1'.,. - : '�f''
...; 2 ..t:a
=.5:;:4f .' _ ' - ''•a�l�' a �' 1 f. '
`S'+; "� %1� *:r•i�•.
�:g r � pJ,:
Relocate existing thermostats
3
EA
Relocate floor mtd dedicated AC unit
1
LS
Refrigerant Piping
15
LF
Condensate Piping
15
LF
Demo existing duct & exhaust
1
LS
CaP roof curb w1iinsulated roof cap
1
LS
New supply duct
30
LF
Flex Duct
350
LF
Linear Diffusers
33
EA
2x2 Diffuser •
1
EA
Controls
1
LS
Test/Balance
i 1
LS
TOTAL HVAC
P RMIS B � .D YY ;; s .> :c - :a.;'
_' P'.ri;tp':'i.'•k:. ti:: *f" _ cr'j:'i - ° :
.:::(
Transformers
2
EA
6,352.1570
f 2 705.00
Disconnect
2
EA
15. 1215-00
O 250.00
Special Receptacle
15.
EA
$1.7
22 (#.2
Outlet Duplex
l -1.79
EA
6 0.90
- 711.12.
Remove existing devices & conduit
12
EA
3S.10
4S7.20
Relocate existing panels
2
EA
742.00
1,524-00
Remove existing power pole conduit & box
3 4
EA 1
226.40
0
Outlet Duplex
60
EA
Special Receptacle
3
EA
Junction Boxes
10
EA
Widng and Conduit
1500 -6689
LF
1.90
2"350.00
TOTAL POWER/DISTRIBUTION
50,409
Exhibit 2 (4 pages) Negotiated Bid
Descri on
Quantity
Unit
Unit Price
Extended Price
t y
�.1A \V���'I. ij�:Cfr �r�� l'iYS t'h`]t l�• < 't.r: �:�:v �jC:- ii'.y.�..: ir.• .::'`' "•:F.b: S._'
� - k...ir h.. !. 'E'•i l.�ea,..' `6��'
:•1 :,�]•
. S:'..C ��f..
,y�rr� /. ,�'1{i�.
..]i -� .
.1 _ '4
tv�.� i ^ �Y i ....� : �'. �,..�4
emove l ight fixtures clean, repair, re
a reinstall
0
6 IR 44. GiO
New LED exit lights
4 .S'}
0
.GO
Switch (Single)
40
MEW EmMeaJol
uaktTS
ZE A
o
0
Switch Dimmer
1
Wiring/Conduft
$W
(, 0
1,520.00
T L IGHTING
3 Dl q,fo0
��
S—Y$TMSM - :s,:.p�''v:,:• .'.•.
,,?�:°..� :'i,'r.;F.�:
.:.. : �.. t�•": ti . % :• ' .:�:cl.`'� #`._
New Fire Alarm AudioArsual Device
.•'F'.`.1:F:
38
,,:fi,.g
EA
t'. �.
Tele hone/Data Duplex outlets
3 499
EA
44, 4 5 7 -
1
YvirelUondUit
TOTAL SYSTEMS
I�D83.3S
I GRAND TOTAL -- EXTENDED PRICES
1.03 The bidder /offeror shall provide original(s) and copy(ies) of the submission. Each
original and each copy shall include all required forms, documentation, material, details and items
submitted. Bids shall be on the Bid Form provided herein.
Submissions shall be enclosed in a sealed envelope, with the required forms and information, addressed
to the office specified In the Invitation, with the name and address of the Offeror, the date and hour of
opening, and the Invitation Number on the face of the envelope. Submissions received after the stated
time and date will be returned to the sender unopened.
1.04 The Offeror acknowledges and understands that the information contained in response to this
solicitation shall be relied upon by the City of Sanford, Florida in awarding the contract and such Information
is warranted by the offeror to be true. Discovery of any omission or misstatement that materially affects the
Offeror's Qualifications to perform under the contract shall cause the City of Sanford to reject the proposal,
and if after the award to cancel and terminate the award and /or contract.
1.05 Signed and se4le� this /F day of OCT 2"
Bidder /Offeror:
:D 1pR 6srb�ur
signature Printed Name and Title
e&� , 1 , 0OR PORATE SEAL
n ature Date
Printed Name and Title
END OF SECTION
Bids shall be delivered to the Purchasing Office on or before the bid opening date and
time. Late bids or any other discrepancy will be resolved against the bidder. Bids
shall be in a sealed envelope with the following information provided in the lower left .
corner of the envelope: Name of bidder, Bid Number- 07/08 -01 and the opening date and
time: July 9, 2008 at 2:00 p.m
If I
III
1
x
v
C
0
0
a
E -1
0
0
A
m
x
s
w
N
. O
(Q
(D
N
O
O
W
m
X
s
w
N
cc
(D
N
a
0
m
x
s
r«
v
c0
CD
0
0
1
0
0
CD
M.
c0
CL
g
r
EE
CD
CL
a
x �
d
C
0
T
O
O
R
m
x
r«
cn
.p
CO
(o m
`V
m
cD
0
v
9 B7e9 .0 lad a
a a
r BD
04 ,
00 .
I s i t I
C i
Ba p0 Id I
I � H
-
I ' I
n yI I i I =Ij yy� I
ii BU # # 3s iN 0 �
a
II
aa soa
aOI
el a0 II _ f� C Cp4 ' vRa
70 ", .4.�♦
i
-
li Q � i -- 1 q is I;' '�• I '. a
,z0
- - ! 0�� F•j
Jp ' '� \ I � / a � � 7 I �a `�� �•, it , / _ �
/ I
(�a pia
I: i i o II � I pa it
° \ 9 I I I
aa
r i ----- �� - - - - -- — -- - - .I Cg
- ---
e
is f aar
° I I
8
as!
x
E
II
m
! 2 P.,
L. !t m
LM _
rri
tui t9 I
X
s
Cn
.p
CD
N
m_
CD
0.
0
0)
I I I � � I� — 5 — • �� i
` 1 — � a• --II I n ¢ I I v � I
�I Q8 � ]---� �' • fIA' I
dl �Tj�Iltl , we2
i t I
S• 9 I ;;Li Ydll a � li
I r T i
3 ,tea
_ a
!I irk I
y
, _
92
3 — �114
II K 1�iW v I
Pon,
2 f
9g
�I �� 1 i eGi I �� f a• I
jl �3• \ I •Y 9 I
1= B
ta
`3
9
- -- ________ _ _ ___
I
q _ J , _
• � I
I I1% 6 Q 4 i I !W3 IiL
M 71n
.. .. aa ......... ... ....................
.t�...............,...
m
x
E
Cil
CC)
CD
N
m
CD
rt
M.
n
2)
p _
I
o 0 0 0
gg
C A 6
T
: g
8e n R3 ��
�¢ n
i
N
9 p
$
9
H !
11� 1 g � A
$
m
m
9
IBM
pp
!PC XWl[i 'A!!¢ mGlm¢9ymb/9bmlt M1atl mvwy¢19¢X.M,b¢lrt
Xtl 90 ¢Hi[Cab NmXVW sxi
l9]4mXmwu¢Wb ¢Xbu¢m[¢I6cm¢u4.4! X9bunumm ¢y.Rrlw W ¢ 109mbb9bN ruvrt.b¢ 12,u¢XUrt� M1lYlr4bmbv
¢�fNm
¢edXmn¢¢¢Nb19.1lI I,¢ mz [mJwannlsr¢.t¢mnoxTfnKm¢NOny4¢X
m
x
E
Cil
CC)
CD
N
m
CD
rt
M.
n
2)